What's the use? Trademark challenges in Turkey

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Trademark rights holders would be well advised to demonstrate use in commerce before their rights are challenged through a court action, says Ersin Dereligil.

Turkey receives more than 100,000 trademark applications every year, and more than half of them obtain registrations. Many applicants want broader trademark protection so as to include non-marketed or would-not-be marketed goods or services. More than one-third of applications are filed for two or more classes of goods or services, and most one-class applications include almost all goods or services in the specified class. This naturally leads to an increase in number of conflicts and court cases based on non-use of a trademark.

This article aims to outline key points in understanding the use requirement and routine practices of the Turkish Patent Institute (TPI) and Turkish courts.